Hi this is slightly different from the normThe situation is that had a CC with M&S and paid off in 2012 but due to circumstances this got overlooked.The amount was never applied to the account. The contract I believe is unenforceable under the CCa for various reasons Stopped paying for "CC in 2014 and debt sold in 2016 to 1st credit who issued court proceedings in 2016/17In Jan 2018 M&S found the original payment and returned monies Sill being taken to court as 1st credit accepted liability for debt when accepted money even though when originally bought debt had been paid offCan anyone make sense of this please!!!Many thanks

On the face of it ,may be worth your while seeing a solicitor about making a claim against them,this must have affected you credit rating ,distress due to court action ect. If you have all the paperwork ,take the parasites for all you can.

It is not unenforceable - they have already enforced their claim which was made possible by your failing to respond. If you fail to respond or offer a defence - respectfully - that's not their problem, its yours.

However, as you failed to offer a defence - you can make an application to have any judgement set aside - but you will then need to enter into a dialogue with the claimant. At this point you can ask the sort of questions you need to settle this matter.

I'm just fleshing out the points waylander62 stated above. ps. don't 'see a solicitor' and rack up fees - it's a few letters on your part (at this stage)

Yup you are right it was originally paid off in 2012 but due ill health issues got completely forgotten about even though at the time before ill health we had contacted M&S to see what was going on.(I know its mad but thats what happened!) .When the court threatened to dismiss the case due to time having elapsed 1st Credit then applied for the stay to be lifted and also for the case to go to the small claims court.They are now pushing for the case to be held but have not as yet paid the final fee.In the beginning filed the defence and requested details of the assignment -- never supplied also done CPR 18 and stated this together with the fact I believe the contract is unenforceable.The M&S money paid thing surfaced in Jan 18 after they had reactivated the caseI hope this makes things clearer

have you received notification that the stay has been lifted and it will now go to a final hearing ?

also would need to see your original defence, but you can file into your statement of case that the debt was paid off in full prior to the assignment therefore the assignment was not valid in any case.

there should be some directions from the court in relation to the final hearing such as witness statements and documents to be filed and served by x date

also i think you need to write directly to M & S asap and ask them directly to confirm that a payment was made by you to clear the outstanding balance in 2012, also get proof from your bank that this sum was paid from your account to M & S in 2012.

this has to invalidate the assignment which by the way was when ?

all this needs to go into your witness statement with any evidence, this is why i need to see your original defence because you may only be allowed to use arguments put forward in your original defence.

I can't find details from the bank (and I have checked it seems to have vanished) but have the proof from M&S about the sum paid and also the CC statement with the exact same sum which it should have been made against.How would I ask the court to do so? What would be the form needed?

i also need details on the hearing, have you been sent directions from the court ? it usually tells you the date of the hearing and what you expected to provide ie, witness stat. supporting evidence documentation etc.

i would still write directly to M & S and request confirmation that a sum of money to clear the account was received by them in 2012, also write or better still go into your bank and request a copy of the transaction, dont let them bullshit you, you need it and have a right to see it.

this will end the claim. it was paid, end of. I understand M & S gave you the money back ? but that is irrelavent if at the time of assignment nothing was owed, invalidates the assignment.

Yes point takenHave drafted letter to M&S and will send tomorrowAs regards the latest court letter it only seems to mention the fact if fees are not paid then case be struck off other wise on a date inAugustHave I missed one?

@angelao1 wrote:Yes point takenHave drafted letter to M&S and will send tomorrowAs regards the latest court letter it only seems to mention the fact if fees are not paid then case be struck off other wise on a date inAugustHave I missed one?

normally the court send out notification to both claimant and defendant, the fact that this is proceeding to a hearing, the hearing date and then directions such as......

witness statements to be filed and served on each party not later than 14 days before the hearing datethe claimant to pay x pounds by x dateand any other directions

Thanks I have had another look and the info to be sent by 19/06 is as followsall correspondence , copies of emails , contracts , invoices etcwitness statements form parties and other witnesses If fail to comply court may decide not to take account of any evidence that is produced later No expert evidence all original docs brought on day of trialany party may apply to have it set aside , varied or stayed within 7 days of service of this order

aah there you go, this is now crucial that you get a witness statement and any evidence into court by the 19th june

you also need to send a copy of everything to the claimant, this is very important as you could well have lost this by not being able to use any evidence.

it is important that you get something very quickly, preferably a letter or something from M & S saying that when this was assigned they had already received your payment, something from the bank too would help.